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Current Issues The current debates among the basin states, American Indians, Mexico and environmental interests center on one point - the demand for more water in a basin that already is oversubscribed. As in 1922, it is the lower basin that drives the debate. The three states, California, Arizona and Nevada, came close to using their full 7.5 million acre-feet apportionment for the first time in 1990 and subsequently in 1996. They are expected to again consume close to 7.5 million acre-feet in 1997. With Las Vegas' current and projected growth rate, California's obligation to reduce its reliance on unused Colorado River water and Arizona's need to repay the costs of the federal Central Arizona Project (CAP), pressure is increasing. For the upper basin states, the atmosphere is similar to that of 75 years ago when they feared the rapidly developing lower basin would usurp the water before they had developed to the point of using their share. "Development will largely occur if the economic circumstances are there in the upper basin and there's going to be a point at which there is a shortage., The question is going to be at that point, 'How is that shortage going to be allocated?'" said David Lindgren, attorney at Downey, Brand, Seymour and Rohwer. "One element of that question is, 'What are the respective rights between the two basins?' Still, you must now figure out how to allocate insufficient supplies across the entire basin. And that's a point where we haven't been yet," he continued. "Comments on the compact working so well are very well taken, but it is only now at the point where it is becoming stressed. Now is going to be the interesting time when we find out whether it really does provide the framework so that we can all go forward when there are insufficient supplies." September/October 1997 Water for Mexico In its natural state, the Colorado River's 1,440-mile journey from its headwaters northwest of Denver ended at the Gulf of California in Mexico. With all the dams, reservoirs and diversion facilities within the basin, the river's flow is fully controlled and appropriated. Most years, the river ends long before the gulf. When the Colorado River Com- mission drafted the compact, its members chose not to address the issue of water for Mexico. Carpenter, for one, felt that he could not consistently argue the doctrine of equitable appor- tionment for part of the river without applying the same principles to the entire basin along its journey, includ- ing water for Mexico. Perhaps knowing that such a task would condemn the 1922 negotiations to failure, the commission chose to save that topic for another day. That day was planned for, however, in Article III(c): "If, as a matter of international comity, the United States of America shall hereafter recognize in the United States of Mexico any right to the use of any waters of the Colorado River System, such waters shall be supplied first from the waters which are surplus over and above the aggregate of [the basin division]; and if such surplus shall prove insufficient for this pur- pose, then the burden of such defi- ciency shall be equally borne by the "There's going to be a point at which there is a shortage. The question is going to be at that point, 'How is that shortage going to be allocated?'" - David Lindgren attorney 9